State v. Crawford

*153MEMORANDUM OPINION.

Upon being convicted of burglary, the defendant was sentenced to three years’ imprisonment and, pursuant to ORS 137.106, he was ordered to pay restitution to the county for the attorney fees and to the victim. The burglary was committed prior to the effective date of that statute, but the sentence was imposed subsequent to the effective date.

The Court of Appeals has held, and we agree, that a defendant is subject to no greater penalty than that which was in effect upon the date of the commission of the crime. It has applied the rule in cases involving restitution as a…